2021 (12) TMI 606

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....is application has been issued to the Ld. Special P.P. as well as to the arresting officer. [3] As per the arrest memo the following allegations against the applicant-accused as under; "Shri Rameshchandra Tulsidas Agarwal was summoned to give his statement under section 70 of CGST Act-2017. Heappeared before the Superintendent [HPIU-C] on 25.11.2021 for giving his statement. Accordingly, his statement was recorded on 25.11.2021 wherein he inter-alia stated that he did not know anything about Sh. Murshid Alam Habibur Rehman Saiyad, proprietor of M/s. Decent Steel (GSTIN : 24HWKPS5235L3ZT); he did not know anything about Sh. Mohamedmusa Mohamadkasim Ansari, properitor of M/s. Global Traders (GSTIN : 24AHKPA0609C1Z6) he come in contact with S....

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....ulated ITC may be involved. The existing evidences show availment and utilization of fraudulent ITC which is more likely to increase once futher investigation is carried out and all factors are unearthed. Further, in the statements recorded under Section 70 of the CGST Act, 2017, Shri Rameshchandra Tulsidas Agarwal also admitted that: The ITC amounting to Rs. 5,97,75,230/- was fraudulently passed by M/s. One Ten Steels, M/s. Prime Metals, M/s. Magnus Metals, M/s. Crystal Metals, M/s. R J Traders, M/s. Decent Steels & M/s. Global Traders and utilized by his firm M/s. Manish Scrap Traders for discharging their output tax liability". [4] Ld. Counsel for the applicant-accused argued that the accused is aged about 67 years, and having various s....

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.... 2020 0 Supreme (Ori) 100. 4. Satender Kumar Antil V/s. Central Bureau of Investigation & Anr. 2021 0 SC 603. This court perused the ratio laid down in the judgment (Supra) but facts are distinguishable hence, not helpful to the complainant. [6] It was held by the Apex Court in case of Sanjay Chandra v. Central Bureau of Investigation AIR 2012 SC 830 that bail is the rule and committal to jail an exception. Further, refusal of bail is a restriction on the personal of individual guaranteed under Article 21 of Constitution of India. [7] This Court observed that the offences is punishable up to 5 years, compoundable and triable by Court of Magistrate. Admittedly, the complaint against the applicant-accused is yet to be filed. Further, the....